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(영문) 서울행정법원 2019.04.09 2018구단76944

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The details of the disposition are the Plaintiff’s nationality.

On December 3, 2016, the date of entry into the Republic of Korea of the Republic of Korea for a short-term visit for refugee status (C-3, 4th day of the date of application for refugee status (hereinafter “instant disposition”) (hereinafter “instant disposition”) on December 13, 2016, the date of application for refugee status recognition: (a) the details of Gap’s 1 through 4, Eul’s 1, and 2 evidence, and the purport of the entire pleadings as a whole, as of October 19, 2017, of the date of application for objection, are not sufficiently based on which the decision of the Republic of Korea was rendered on October 19, 2017: (b) there is no dispute over the grounds for recognition of the decision of rejection on September 14, 2018; (c-3,

2. Whether the instant disposition is lawful

A. A. Physical threats, such as controlling the exchange of the Plaintiff by causing another person to whom the Plaintiff asserted that he/she had become aware of the same-sex identity of the Plaintiff.

The disposition of this case that the Plaintiff did not recognize the Plaintiff as a refugee despite entering the Republic of Korea to avoid such persecution is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

On the other hand, when the sexual orientation or sexual identity of the same sex is disclosed externally, it is against the moral norm of the country of origin, or faces criticism and criticism from neighbors and the public. In order to avoid such social criticism, non-honorary and value, it is an unfair social constraints to decide itself as a hidden device of his own sexual orientation. However, it does not constitute gambling stipulated in the Refugee Convention, i.e., an international protection for refugee applicants.

(b).